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Chapter 2 : Sources of Law

Quiz by NURHAMIZAH BUSTAMI

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15 questions
Show answers
  • Q1

    What is Sources of Law?

    Sources of Law means the law created by Parliament or State Legislative Assembly.

    Sources of Law means the legal sources and rules that make up the law in Malaysia.

    Sources of Law means private law, public law, and international law.

    Sources of Law means written law and unwritten law.

    20s
  • Q2

    How many types of Sources of Law are there?

    Two - Statutory Interpretation and Judicial Decision.

    Two - Written Law and Unwritten Law.

    One - Law created by Government.

    Three - Private Law, Public Law, and International Law.

    20s
  • Q3

    What is Written Law?

    Written law refers to law written on a piece of paper.

    Written law refers to statute law created by Parliament or any law-making body to whom Parliament delegated has delegated its power.

    Written law refers only to law created by Parliament.

    Written law refers to law created by judicial decisions.

    20s
  • Q4

    What happen if there is a conflict between written law and unwritten law?

    Parliament will deliberate on this conflict and make decision as to which one will prevail.

    Written law will prevail.

    Judges will choose which one that can better serve justice.

    Unwritten law will prevail.

    20s
  • Q5

    What is Statutory Interpretation?

    Statutory Interpretation refers to tools or methods used by Parliament to interpret the meaning of words or phrases in any law.

    Statutory Interpretation is just a fancy word for legal dictionary.

    Statutory Interpretation refers to tools or methods used by judges to interpret the meaning of words or phrases in written law.

    Statutory Interpretation refers to rules used by judges to interpret the meaning of words or phrases in judicial decision

    30s
  • Q6

    How many rules of statutory interpretation do you learn?

    Four: Literal Rule, Golden Rule, Mischief Rule, and Interpretation Act 1948 & 1967.

    Three: Literal Rule, Golden Rule, and Mischief Rule.

    Four: Literal Rule, Golden Rule, Mischief Rule, and Prismatic Rule of Interpretation.

    I did not learn any rules of statutory interpretation?

    20s
  • Q7

    When do judges use Literal Rule?

    When the words and phrases are clear and unambiguous.

    When Parliament tell judges to use it.

    When judges try to find meaning that is more just and make more sense.

    When there are more than one meanings to the words.

    20s
  • Q8

    When do judges use Golden Rule?

    When literal interpretation is impossible, judges will opt to use the meaning which is just and makes more sense if there should be more than one meaning to the word.

    When a literal interpretation is not possible due to the words or phrases being ambiguous, vague or uncertain.

    When the words and phrases are clear and unambiguous.

    When judges feel like using golden rule.

    30s
  • Q9

    When do judges use Mischief Rule?

    When the words and phrases are clear and unambiguous.

    When judges feel like using golden rule.

    When a literal interpretation is not possible due to the words or phrases being ambiguous, vague or uncertain.

    When literal interpretation is impossible, judges will opt to use the meaning which is just and makes more sense if there should be more than one meaning to the word. 

    30s
  • Q10

    How many consideration will judges look at while using Mischief Rule?

    Two: look at the law before the statute was passed and look to the overall intention of Parliament from reading the Act as a whole. 

    Three: look at the law before the statute was passed; look to the overall intention of Parliament from reading the Act as a whole; and which two meanings are more just and make more sense?

    Three: look at the law before the statute was passed; look to the overall intention of Parliament from reading the Act as a whole; and what was the mischief in which the current statute intended to remedy and what was its social purpose?

    Three: look at the literal meaning of the words; look at the law before the statute was passed; and look to the overall intention of Parliament from reading the Act as a whole. 

    30s
  • Q11

    What is English Law?

    English law is a law created by judges in Malaysia.

    English law is the law found in local custom and religion.

    English law forms part of the laws of Malaysia and can be found in the English common law and rules of equity.

    English law is a statute law created by Parliament.

    20s
  • Q12

    What are the 2 limitations to English Law?

    It is applied when Parliament wants the English law to be applied in Malaysia, and when judges agree with Parliament's decision.

    It is applied when judges thinks that English law can do more justice than local law, and when it is suitable to be applied to local circumstances.

    It is applied only when it does not conflict with written law and when judges thinks that English law can do more justice than local law.

    It is applied only in the absence of local statutes, and when it is suitable to be applied to local circumstances.

    30s
  • Q13

    What is Judicial Decisions?

    Judicial decisions refer to judicial precedents that binds all courts in future decisions.

    Judicial decisions refer decisions made by superior court such as Federal Court, Court of Appeal and High Court only.

    Judicial decisions refer to statutory interpretations used by judges to interpret the statutes.

    Judicial decisions also known as case laws refers to the cases decided by courts.

    20s
  • Q14

    How does judicial precedents work?

    Judicial precedent works to bind all courts to each other's decisions.

    Judicial precedent works to bind all lower courts to the decisions made by higher courts.

    Judicial precedent works to bind courts to its past decisions.

    Judicial precedent works only as a persuasive authority for judges to make future decisions.

    30s
  • Q15

    What is local custom?

    Local custom is a type of unwritten law in Malaysia that usually relates only to the custom and cultures of orang asli ethnics in Sabah and Sarawak.

    Local custom is a type of unwritten law in Malaysia that usually relates to family law.

    Local custom is a type of written law in Malaysia that usually relates to family law.

    Local custom is not a type of law but society still conduct themselves on accordance to local custom due to strong traditions and parental influence.

    20s

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